Advice to Judicial Clerks

by Judy M. Cornett
Associate Professor and former Judicial Clerkship Advisor
University of Tennessee College of Law

Congratulations on landing a judicial clerkship. Here are a few tips to help you get the most out of this once-in-a-lifetime experience.

1. Remember that you're a member of a team. Producing high-quality work requires the cooperation of everyone in the judge's chambers, so it will pay to be pleasant, courteous, and respectful in your dealings with all members of the judge's staff. The judge's administrative staff, in particular, will have invaluable knowledge about court procedures and your judge's specific preferences. It pays to treat the judge's staff in a professional manner.

2. Most courts and most chambers have their own rules and customs for clerks, so find out what they are as soon as possible. If there are written rules, the judge's administrative assistant might be willing to send those to you before you even start your clerkship. If your term overlaps with that of a retiring clerk, make sure to ask the experienced clerk's guidance on clerkship customs. If your school maintains a list of alums who have clerked for your judge, consider calling those alums for guidance.

3. Make sure you understand the ethical strictures that apply to you. Check the rules and customs of your court and your judge on confidentiality, conflicts of interest in interviewing, contact with counsel and reporters, and other ethical issues. The general rules are as follows:

-- Anything that is said in chambers stays in chambers. You will be privy to a great deal of case-related and court-related information that is intrinsically interesting and, to the right person, very valuable. Never repeat anything said by your judge, your judge's staff, or your fellow law clerks regarding a particular case, another judge, or the court in general. And, of course, you should never reveal to an outsider any written materials produced or circulated in chambers.

-- Many law firms will recruit you. Many of those law firms will represent clients with cases pending before your court. Before having any contact with a firm, and certainly before formally interviewing, you must talk with your judge about his or her policy on interviewing during the clerkship. Having employment discussions with a law firm that is before your court – even unbeknownst to you – could have serious ethical repercussions.

-- Never talk to a reporter or to a party or counsel in a pending case without the express permission of your judge. Parties, counsel, or reporters will often telephone you directly, whether innocently or knowingly, hoping to obtain inside information about a case. You don't want to read your own words on the front page of a newspaper unless your judge has given you permission to speak about a case.

Remember, if you are faced with an ethical issue that you're unsure how to handle, ask your judge!

4. Bone up on your court, your judge, and the rules that will apply to your cases. Check out books, articles, or web sites that give history and other information about your court. If you haven't already done so, read your judge's biography in one of the standard sources like The American Bench and read a sampling of his or her recent opinions. Start getting a sense of how your judge has ruled in the past and how your judge writes. Review the court rules of your court and the rules your court will have to apply (Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Criminal Procedure and/or Rules of Evidence).

5. Make it a point to get to know your judge. You may well be intimidated by your judge at first, but as you work together, you will have the opportunity to see the person behind the robe. Judges are human, and they have families, interests, and past professional experience that they often enjoy sharing with their clerks. To the extent your judge welcomes a friendly relationship with his or her clerks, you should take advantage of this opportunity.

6. Never tell the judge just what you think s/he wants to hear. Your judge wants your honest assessment of the case, but it is important to realize that the judge has the final word. Political differences can sometimes result in differing views of a case. You undoubtedly already know what political leanings your judge has, if any; no matter how strongly or sincerely you hold your own political views, your views must yield to your judge's, when relevant to a case. This fact does not mean that you must be untrue to your beliefs, only that you must be true to your role as the judge's law clerk.

7. Always keep in mind that, from the day you begin your clerkship, wherever and whatever you do, you represent your judge. Years from now, people might not remember your name, but they will always remember "Judge X's clerk." Not just in chambers, in the courtroom, in the courthouse hallways, but also in the cafeteria, on the sidewalk, and on the softball diamond, you are "Judge X's clerk." Represent your judge with courtesy, professionalism, and dignity.

As these tips show, you probably learned everything you needed to know about clerking in kindergarten. Courtesy, respect, discretion, and good communication with your judge are the keys to a successful clerkship.